The Saskatchewan Court of Appeal is rejecting arguments that the occupants arrested during the Justice for Our Stolen Children Camp had their Charter Rights violated.
Prescott Demas and others contend that the Chambers Judge erred in considering violations to section 1 of the Charter of Rights and Freedoms, reconciliation within the Charter and whether the arrests and detentions were improper.
Several Tipis were erected on the West Lawn of Wascana Park, across from the Legislative Assembly in 2018. The protest, which lasted 197 days, centered on raising awareness to the need of Indigenous child welfare reforms.
The Provincial Capital Commission which operates Wascana Park successfully argued that the protest violated bylaws in that structures were in place, a fire was burning and the camp did not apply for a permit to occupy the land.
On June 18, 2018, several protesters were arrested and detained for approximately four hours, accused of preventing PPC workers from dismantling the park.
The three-justice panel unanimously agreed that the applicants rights were not violated as their arguments did not meet the Oakes Test under the onus of proof doctrine.
Chief Justice Richard Roberts wrote that while reconciliation may have changed some factors in the case, it could not overcome other aspects when considered. The court found those arrested on June 18, were done so lawfully, as they were charged with obstruction of a peace office, in preventing officials with the Provincial Capital Commission from dismantling the camp.
Following the events of that day, more tipis were erected on the West Lawn in a show of solidarity. The camp would be permanently dismantled two months later, following a court decision ruling in favour of the province.